Wage theft is when an employer steals, denies, or prevents an employee from accessing legally protected benefits like paying less than the minimum wage, not paying an employee for time worked, denying meal breaks, etc. Often, those experiencing these violations don’t even know they are occurring. For example: asking an hourly paid employee to finish a final task after clocking out or required to consistently work more than 40 hours a week as a salary employee. We are here to help you understand "What Wage Theft is?" and how when it happens you get help. If are already sure your right have been violated, click here to contact us and ask for help.

If an employer pays someone in cash and a thief grabs the money, the worker can call the police and report the crime. But when an employer steals wages by paying less than an employee earned, many workers don’t know where to turn. Such wage theft is rampant across the country and costs working people billions of dollars a year.

It is estimated that the average wage theft victim is currently losing $3,300 a year in California. This can mean the difference between putting food on the table or paying rent at the end of the month.

Since the passage of the Minimum Wage and Earned Sick Leave Ordinance in 2016, the City of San Diego has failed to enforce the law for a year, instead referring complaints of wage violations to the California Labor Commissioner. By contrast, Los Angeles enacted a minimum-wage law the same month and, through local enforcement, recovered $250,000 for underpaid workers within a year. Under pressure to enforce its law, the City of San Diego first began accepting minimum-wage and employer retaliation complaints, without public notice to workers, in July 2017. The City is still reporting little to no information on the processing of wage theft claims and workers are still reporting a lack of assistance with claims.

Do you work in the City of San Diego? Its your right to receive your full salary and sick days!

Am I eligible?

If you perform at least two hours of work within the City of San Diego you are covered under the new law.

How much should I get paid?

Its your right to get paid at least $11.50 per hour.

Is my employer required?

The minimum wage is based on where work is performed not where an employer is headquartered. If you work in the City of San Diego but the company’s offices are located in Carlsbad you should be paid at least $11.50 per hour.

What can my employer do if I complain?

Your employer cannot fire, discipline, demote you, reduce your hours or take any other negative action because you asserted your rights to sick leave or the new minimum wage under the law.

Does my immigration status matter?

You are covered under the law regardless of immigration status. It is against the law for your employer to threaten to report your immigration status because you asserted your rights.

How much earned sick leave should I receive?

It’s your right to accumulate at least 5 days (40 hours) of paid sick leave per year.

Do I get all my sick leave at once?

It’s your right to earn 1 hour of paid sick leave for every 30 hours that you work regardless of whether you’re a full time, part-time, or temporary employee.

How can I use my sick leave?

It’s your right to use sick leave for physical or mental illness, injury, or medical condition or to seek treatment; medical reasons can include pregnancy or physical examination. It’s also your right to use sick leave for treatment, evaluation or care for close family members. Finally, It’s your right to use sick days for Safe Time, such as if you are a victim of sexual assault or stalking to seek medical attention, counseling, relocation or support services, or time to recover.

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This site is a project of the Raise-up San Diego Coalition. For more information on Raise-up San Diego, please visit www.raiseupsd.org